Senate Bill 2106
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Florida Senate - 2000 SB 2106
By Senator Campbell
33-1401-00
1 A bill to be entitled
2 An act relating to motor vehicle and casualty
3 insurance; amending s. 627.737, F.S.;
4 prescribing conditions that establish a
5 rebuttable presumption of permanent injury
6 within a reasonable degree of medical
7 probability in tort actions arising out of the
8 ownership, maintenance, operation, or use of a
9 motor vehicle; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 627.737, Florida Statutes, is
14 amended to read:
15 627.737 Tort exemption; limitation on right to
16 damages; punitive damages.--
17 (1) Every owner, registrant, operator, or occupant of
18 a motor vehicle with respect to which security has been
19 provided as required by ss. 627.730-627.7405, and every person
20 or organization legally responsible for her or his acts or
21 omissions, is hereby exempted from tort liability for damages
22 because of bodily injury, sickness, or disease arising out of
23 the ownership, operation, maintenance, or use of such motor
24 vehicle in this state to the extent that the benefits
25 described in s. 627.736(1) are payable for such injury, or
26 would be payable but for any exclusion authorized by ss.
27 627.730-627.7405, under any insurance policy or other method
28 of security complying with the requirements of s. 627.733, or
29 by an owner personally liable under s. 627.733 for the payment
30 of such benefits, unless a person is entitled to maintain an
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Florida Senate - 2000 SB 2106
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1 action for pain, suffering, mental anguish, and inconvenience
2 for such injury under the provisions of subsection (2).
3 (2) In any action of tort brought against the owner,
4 registrant, operator, or occupant of a motor vehicle with
5 respect to which security has been provided as required by ss.
6 627.730-627.7405, or against any person or organization
7 legally responsible for her or his acts or omissions, a
8 plaintiff may recover damages in tort for pain, suffering,
9 mental anguish, and inconvenience because of bodily injury,
10 sickness, or disease arising out of the ownership,
11 maintenance, operation, or use of such motor vehicle only in
12 the event that the injury or disease consists in whole or in
13 part of:
14 (a) Significant and permanent loss of an important
15 bodily function.
16 (b) Permanent injury within a reasonable degree of
17 medical probability, other than scarring or disfigurement.
18 (c) Significant and permanent scarring or
19 disfigurement.
20 (d) Death.
21 (3) For the purposes of subsection (2), there is a
22 rebuttable presumption of permanent injury within a reasonable
23 degree of medical probability when evidence is presented that
24 shows that:
25 (a) There is a need for future recurring or ongoing
26 medical treatment;
27 (b) Any vocational restriction or limitation is
28 expected to be continuing or enduring;
29 (c) Any symptom, including subjective pain, is marked
30 by long duration or frequent recurrence that continues or
31 endures without fundamental or significant change;
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Florida Senate - 2000 SB 2106
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1 (d) An injury, symptom, or condition has become
2 stabilized and is unlikely to resolve or return to its
3 preaccident status with or without medical treatment during
4 the next 6 months;
5 (e) Full recovery is unlikely and permanent injury
6 will ultimately be diagnosed;
7 (f) The existence of chronic subjective or objective
8 pain has persisted for at least 6 months and is documented by
9 a treating physician; or
10 (g) Chronic pain has adversely limited the plaintiff's
11 ability to function and carry out daily activities, whether
12 based on the anatomical, physiological, or psychological
13 impact of that pain, or the plaintiff may perform daily
14 activities only intermittently based on resulting pain from
15 such activities which prohibits regular repetition of those
16 activities.
17
18 Nothing in this subsection may be construed to limit other
19 evidence from establishing the existence of permanent injury
20 within a reasonable degree of medical probability.
21 (4)(3) When a defendant, in a proceeding brought
22 pursuant to ss. 627.730-627.7405, questions whether the
23 plaintiff has met the requirements of subsection (2), then the
24 defendant may file an appropriate motion with the court, and
25 the court shall, on a one-time basis only, 30 days before the
26 date set for the trial or the pretrial hearing, whichever is
27 first, by examining the pleadings and the evidence before it,
28 ascertain whether the plaintiff will be able to submit some
29 evidence that the plaintiff will meet the requirements of
30 subsection (2). If the court finds that the plaintiff will
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Florida Senate - 2000 SB 2106
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1 not be able to submit such evidence, then the court shall
2 dismiss the plaintiff's claim without prejudice.
3 (5)(4) In any action brought against an automobile
4 liability insurer for damages in excess of its policy limits,
5 no claim for punitive damages shall be allowed.
6 Section 2. This act shall take effect July 1, 2000.
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9 SENATE SUMMARY
10 Prescribes conditions that give rise to a rebuttable
presumption of permanent injury within a reasonable
11 degree of medical probability in tort actions based on
ownership, maintenance, operation, or use of a motor
12 vehicle.
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